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THE COLLABORATIVE PROCESS
Collaborative law is a way to
resolve disputes by removing the disputed matter from the litigious court room setting and treating the process as a way to
"trouble shoot and problem solve" rather than to fight and win.
Each party in the Collaborative law process signs a
contractual agreement which include the following terms:
Disclosure of Documents: Each party agrees to honestly and
openly disclose all documents and information relating to the issues. Neither spouse may take advantage of a miscalculation
or an inadvertent mistake. Instead, such errors are identified and corrected.
Respect: Each party agrees to act respectfully
and avoid disparaging or vilifying any of the participants.
Insulating Children: As part of the process all participants
agree to insulate the children from the proceeding and to act in such a way as to minimize the impact of the divorce on them.
Negotiation
in Good Faith: Each spouse retains his or her own attorney who understands that the process will involve vigorous, good faith
negotiation in the interest of the client.
Sharing Experts: The parties agree to implement outside experts where necessary
in a cooperative fashion and share the costs related to those experts. (eg. real estate appraisers, business appraisers, parenting
consultants, vocational evaluators, or accountants)
Win-Win Solutions: The primary goal of the process is to work
toward an amicable solution and to create a "win-win" situation for all.
No Court: Neither party may seek or threaten
court action to resolve disputes. If the parties decide to go to court, the attorneys must withdraw and the process begins
anew in the court system.  |
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